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Epistemology January 2017 Problems Faced by Emprisoned Women ….. (30) Problems Faced by Emprisoned Women in Context with Islam and Review of the Steps taken to Resolve the Same Umme Salma Islam gives the women a large basic Rights, and provide a honor able place in society, The constricted women have many rights in Islam, Women in Pakistan have always fought to stability their internal and social lives; sometimes their own relatives and blood relations cheat them and make them act a criminal. The situation is getting poorest when they imprisoned. Jails should provide correctional services but ground realities are very different. Laws are made for the protection of women but Government is fail to implement them as well. Women also in police custody or in jail are in quite horrible and horrible situation. 3% of women’s children are living in jail, more than 60%, Majority of female prisoners are illiterate and uninformed of their lawful rights. These female prisoners blamed of many crimes actually dedicated by their male It is hard to complete their physical and mental state as they do not easily discuss their problems with anyone. Key word: imprisoned women, restrained and captive, constricted women Introduction: Islam is a complete religion and it has specified the rights of every human being. Similarly teachings for treating the prisoners in a good manner are present in Holy Quran and in practice of Holy Prophet (SAW). The good treatment towards the prisoners and feeding them has been declared by the Holy Quran to be the means to earn Allah’s, and assets of Moines. Allah says: واسیرااتیا وی حبہ يسکیاو عهی انطعى ویطع1 “And they arrange food for orphans, paupers and prisoners in His love” Good treatment with the prisoners has been set as an example by the Holy Prophet (SAW). Sumanas Bin Assail (a prisoner) was kept in the Mosque of Prophet (SAW). The Holy Prophet asked his fellows Whatever the edible you have with you, collect it and arrange meal for Sumanas Bin Assail. “Similarly The Holy Prophet (SAW) while giving instructions about the rights of the prisoners said, “Treat the prisoners in a good way”. 2 The concept of Islam regarding Peace and crime is that the criminal is also a human being and the punishment might be rigorous as per the severity of offence so that the public may get lesson from it and the society may get more chances to get safe from crimes. Despite all this a criminal does not fall from the level of Humanity therefore before or after implementation of the punishment he cannot be dishonored and degraded. During the reign of Holy Prophet (SAW) a respected fellow of the Holy prophet (SAW) showed abhorrence towards a criminal who was punished for a serious crime. The Holy Prophet (SAW) disliked it and
Transcript
Page 1: Problems Faced by Emprisoned Women in Context with Islam ...

Epistemology January 2017 Problems Faced by Emprisoned Women ….. (30)

Problems Faced by Emprisoned Women in Context with Islam

and Review of the Steps taken to Resolve the Same Umme Salma

Islam gives the women a large basic Rights, and provide a honor able place in

society, The constricted women have many rights in Islam, Women in Pakistan have

always fought to stability their internal and social lives; sometimes their own

relatives and blood relations cheat them and make them act a criminal. The

situation is getting poorest when they imprisoned. Jails should provide correctional

services but ground realities are very different. Laws are made for the protection

of women but Government is fail to implement them as well. Women also in police

custody or in jail are in quite horrible and horrible situation. 3% of women’s

children are living in jail, more than 60%, Majority of female prisoners are

illiterate and uninformed of their lawful rights. These female prisoners blamed of

many crimes actually dedicated by their male It is hard to complete their physical

and mental state as they do not easily discuss their problems with anyone.

Key word: imprisoned women, restrained and captive, constricted women

Introduction:

Islam is a complete religion and it has specified the rights of every

human being. Similarly teachings for treating the prisoners in a good

manner are present in Holy Quran and in practice of Holy Prophet

(SAW). The good treatment towards the prisoners and feeding them

has been declared by the Holy Quran to be the means to earn Allah’s,

and assets of Moines. Allah says:

ویطعى انطعاو عهی حبہ يسکیا ویتیا واسیرا1

“And they arrange food for orphans, paupers and prisoners in His

love”

Good treatment with the prisoners has been set as an example by the

Holy Prophet

(SAW). Sumanas Bin Assail (a prisoner) was kept in the

Mosque of Prophet (SAW). The Holy Prophet asked his fellows

“Whatever the edible you have with you, collect it and arrange meal

for Sumanas Bin Assail. “Similarly The Holy Prophet (SAW) while

giving instructions about the rights of the prisoners said, “Treat the

prisoners in a good way”.2The concept of Islam regarding Peace and

crime is that the criminal is also a human being and the punishment

might be rigorous as per the severity of offence so that the public may

get lesson from it and the society may get more chances to get safe

from crimes. Despite all this a criminal does not fall from the level of

Humanity therefore before or after implementation of the punishment

he cannot be dishonored and degraded.

During the reign of Holy Prophet (SAW) a respected fellow of the

Holy prophet (SAW) showed abhorrence towards a criminal who was

punished for a serious crime. The Holy Prophet (SAW) disliked it and

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Epistemology January 2017 Problems Faced by Emprisoned Women ….. (31)

said that he has made penitence in such a way that if his penitence is

divided on all the people of Madina, their all sins would be forgiven.3

Similarly, a criminal can neither be deprived of basic humanitarian

rights nor his disgrace is allowed. Islam has clearly defined the rights

of the prisoners and it has been advised to provide basic humanitarian

rights to the male as well as female prisoners during imprisonment.

Although no proper prison existed during the reign of Holy Prophet

(SAW), yet the criminals were imprisoned, which is evident from some

of the following Hadith:-

ححب جج ف ھھم صلى الله عليه وسلمعن بھز بن حکیم عن ابیہ عن جدہ ان النبی 4

Behaz Bin Hakeem states that he listen from his father who states from

his grandfather that Holy Prophet (SAW) imprisoned a person in the

allegation of murder.

Holy Prophet (SAW) also imprisoned the one who detain

یحم عر ضہ یغهظ نہ وعقىبتہ یحبس نہ:نی انىاجد یحم عر ضہ وعقىبتہ ،قال اب يبارک 5

Umar Bin Shared from his father and he from his grand-father states

that Holy Prophet (SAW) said"A wealthy creditor who linger on the

payment of loan makes him liable to be punished. Ibn-e- Mubarak

explained that it means that he should be disgraced and punished.

During the reign of Hazrat Abu Bakar (RA) also if a person commit

theft after being punished twice, he was put into imprisonment with his

order6

" . In the reign of Hazrat Umar (RA) a proper imprisonment

Department was made. “When the department of police was made, the

prions were also made, in this way the System of Prisons was formed

in the reign of Hazrat Umar Farooq (RA)7

In the reign of Hazrat Ali (RA) proper reforms were implemented for

prisons.

• Prisoners will be given meals or payment to meet their daily

expenses from Bait-ul-Mall.

• Prisoners should not be charged to work.

• The prisoner who are charged to work, must be given their wages.

• Prisoners should be allowed to meet their spouses.

• The ones who come to see the prisoners should be treated well.

• The superintendent of the prions should be wise and pious

• There should be special arrangement for Islamic and Educational

rekindling of prisoners 8 .

Female Prisoners and Teachings of Islam about them: To imprison a female is conditional and allowed and many verses from

the Holy Quran are referred in this regard.

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شهدوا كى فا اربعة ي سآئكى فاستشهدوا عهیـه انفاحشة ي وانهاتى یاتی

سبیها ىت او یجعم انهـه نـه ان فى انبیىت حتـى یتىفاه فايسكـىه9

In this verse the females who committed adultery are ordered to be

imprisoned in the homes. The prisons for the male and females will be

separate. Scholars have agreed upon it that the prisons for the females

should be separate and not with the males to maintain their Parda so

that new complications may be avoided and this is only possible when

the prisons are separate for both genders.

ویجعم نهساء سج عهی حدہ قیبا نى قرع ا نفتۃ10

The same is mentioned in “Dur-e-Mukhtar” as follows:

In order to avoid any complications, separate prions should be made

for the women.

ویجعم نهساء سج عهیحدۃ قیا نهفتۃ 11

It is mentioned in “Bahr-ur-Raqaik” as follows:

To avoid compilations the prions for the females should be separate, in

which such arrangements would be made that at any instance there

would be no chance of mingling the female prisoners with male

prisoners or the male administrators of the prison or guards. It’s more

suitable that their administrator or guardian should be a female like

them but if it is not possible then such a person may be made

responsible for taking care of female prison who is old aged and is

pious so that the female prisoners may remain safe12

.

Rights of female prisoners in Pakistan:

Female prisoner will get all the rights which a male prisoner keeps.

The conditions of female prisoners in Pakistan is hopelessly miserable.

In Punjab there are 32 prions and in year 2004 to make the system of

prisons better it was divided into four regions, in which 9 Central

Prisons, 19 District Prisons, 2 Borstle Institutions and Juvenile prisons

and for females 1 prison and 1 sub- prison are present13

.

Female prisoners in Pakistan (according to calculations):

According to figures obtained from BBC and Ministry of Interior, at

this time there are more than 1500 females confined in different prison

in Pakistan facing different cases including murder, kidnaping,

smuggling of narcotics and Hadood Ordinance. At the moment in

Pakistan three prisons have been made for females out of which one is

situated in Multan, the Southern city of Punjab, second one in Karachi

whereas a camp jail for females has been made in the city Haripur

Hazara of Province Sarhad/ Khyber Pakhtoon Khawa. There are more

than 90 prions in the court in which a separate barrack has been made

for the female prisoners.14

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• At this moment the number of female prisoners in all the prions

of he most populated province of Punjab is 313.

102 in Sindh.

84 in Sarhad.

• 37 female prisoners are behind the bars in Khyber Pakhtoon

Khawa.

• 42 female prisoners are in Death Cell out of which 24 are in

Multan Prison whereas the remaining are facing their sentence

in other prisons.

• Out of 1587 female prisoners 268 are teenaged whereas four

are minors.

• In Adiala Prison at Rawalpindi, there are 278 female prisoners

are present alongwith 64 suckling babies15

.

Old aged female prisoners: According to sources there are 7 female prisoners present in different

prisons of the country who are more than 60 years of age. They include

Sardaran Bibi aged 70 years confined at Faisalabad Prison, Tasleem

Mai aged 63 years in the same prison at Faisalabad, Sundran Bibi aged

69 years at Multan, Sughran aged about 71 years at Central Prison

Gujranwala, Kubra Bibi aged 69 years at Sialkot and Amna Bibi aged

63 years at Sahiwal prison Female Prisoners,Under Trial 59,Sentenced

234,Death Sentenced ,Teenagers 10,Addicted 1,Narcotic dealers

188,Foreigners 1916

For Females there is only one prison in Multan due

to which the female prisoners face a lot of harships17

In 32 prisons of

Punjab out of forty eight thousand and five (48005) prisoners 3

females are sentenced death penalty. In eight prisons of Faisalabad

region 1329 prisoners are sentenced death penalty out of which 10 are

female. The number of prisoners who are sentenced death penalty is

highest in Faisalabad region which is 429, 222 in Mianwali, 6 male and

female prisoners in District Prison Faisalabad, 260 male and 5 female

prisoners in Jhang, there is capacity of 5918 prisoners in Faisalabad

Region but at present 11808 prisoners including 173 females are

behind the bars18

.

Sr. No. Name of Jails Undertrials Convicted Condemned Total

1 Central Jail, Lahore. 85 32 6 123

2 Central Jail, Gujranwala. 47 34 1 82

3 District Jail, Kasur. 17 0 0 17

4 District Jail, Lahore. 0 0 0 0

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5 District Jail, Sheikhupura. 31 4 0 35

6 District Jail, Sialkot. 16 30 4 50

7 District Jail, Hafizabad 0 0 0 0

8 District Jail, Narowal 0 0 0 0

9 Central Jail, Sahiwal 6 21 0 27

10 HSP Sahiwal 0 0 0 0

11 District Jail, Okara 16 1 0 17

12 District Jail, Pakpattan 10 1 0 11

13 District Jail, Bahawalnagar. 16 1 0 17

14 Central Jail, Rawalpindi. 52 68 5 125

15 District Jail, Attock. 6 3 0 9

16 District Jail, Gujrat. 23 8 1 32

17 District Jail, Jhelum. 16 6 2 24

18 District Jail, M.B.Din. 0 0 0 0

19 Sub Jail, Chakwal. 0 0 0 0

20 Central Jail, Faisalabad. 0 0 0 0

21 Central Jail, Mianwali 6 3 1 10

22 B.I & J Jail, Faisalabad. 0 0 0 0

23 District Jail, Bhakkar 6 1 0 7

24 District Jail, Faisalabad. 40 58 1 99

25 District Jail, Jhang. 19 1 0 20

26 District Jail, Sargodha. 14 6 0 20

27 District Jail, Shahpur. 13 2 2 17

28 District Jail, T.T.Singh. 10 0 0 10

29 Central Jail, Multan. 0 0 0 0

30 B.I & J Jail, Bahawalpur. 0 0 0 0

31 Central Jail, Bahawalpur. 6 2 0 8

32 Central Jail, D.G.Khan. 11 0 0 11

33 District Jail, Multan. 0 0 0 0

34 District Jail, Muzaffargarh. 0 0 0 0

35 District Jail, R.Y.Khan. 11 2 0 13

36 District Jail, Rajanpur. 0 0 0 0

37 District Jail, Vehari. 13 0 0 13

38 District Jail, Layyah 0 0 0 0

39 Women Jail, Multan. 29 58 12 99

40 Sub Jail, Shujahbad 0 0 11 11

Total:- 519 342 4619

907

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Female prisoners (percentage

of prison population)

2.1%

(April 2015)20

Problems of female prisoners.

According to resources the world of crime is ruled over by the male in

the country because the major crimes requires good physical and

mental effort to commit them and the males are involved in big crimes

yet females cannot be neglected from the world of crime completely.

Where the females commit minor crimes at the same time they are

found involved in serious offences / crimes including murdering their

husband, parents, sons, daughter and even brother with the help of their

lovers but such cases are very few or even negligible. The female has

been given a specific social status and accepted round the world in

which she is known as wife, mother, sister and thereafter as grand-

mother (looser/ gainer) and in the same status she is being given

respect and reverence but as soon as a crime is being committed by her

all the supports prove walls of sand and she becomes helpless.

In our society the ultimate end of the prisoned women is that they lose

their social and family status. On the contrary in the western and other

developed countries like Canada, Russia, German, Japan etc. the

prisoned women are given complete education including such

professional skills which may enable them to stand again in the society

after getting out of prisons and to pass a better life ”21

.

They need more care, education, guidance, recreation, more attention

to their innocent children and complications arising in the period of

their delivery as compared to the male prisoners but in actual/

practically the prisoned women are facing different problems,

psychological complications, diseases and conditions. Some of the

problems faced by the prisoned women are as follows

Residential Problems:

Non-availability of separate prisons for the females, the number of

prisoned women is much less as compared to that of other countries.

The number of prisoned women is higher in Province Punjab as

compared to other provinces. There is only one prison for females

whereas in other prisons separate sections have been made for the

females prisoners. According to figures 856 females are behind the

bars in different prisons of the province, the highest number of female

prisoners are in Audial Prison22

.

Non-availability of separate place:

One of the major problem the prisoned women are facing is the non-

availability of separate place for searching them properly. When the

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prisoned women are brought back into prisons after being produced

before the court, there is no special arrangement to search them.

Although according to Rules a female warden will search out the

female prisoners and for this purpose a separate room will be specified

at the main gate of the prison but no such arrangement is made in most

of the prisons, rather a curtain is being hung in the room where the

female prisoners are being searched out due to which their privacy is

disturbed and they are in the eyes of every person due to which proper

search of prisoned women is not made out23

.

Intrusion of males in female wards.

Lady Assistant Superintendent Asia Batool writes that “According to

Prison Manual a male officer cannot intervene into the female area

except for the completion of necessary tasks but it is not so in most of

the prisons. In case of any problem in female prisons, the male officials

try to intervene in the matter. Such complicated condition is faced not

only by the female prisoners but also by the female officials because

female officials have been appointed to handle all the tasks of the

female prisoners but the male officials have not accepted it yet, so they

try to rule over all the matters regarding the prisoners. As the female

officials are still facing this critical situation themselves therefore it is

not possible for them to provide full protection to the female

prisoners "24

Non-gradation of prisoned women:

Over populated prisons are not only creating problems for the

administration and male prisoners but it also affects the female

prisoners. According to rules of prisons, the prisoned women must be

kept separately according to their age and offences committed by them

but due to lack of space, they are not graded and kept in a same

residential hall which result in to different quarrels and communication

of diseases and due to their free contact the prisoned women learn new

methods of committing crimes and became a big criminal than the

previous one25

Behavior of Administration of Prison:

It is informed to the committee of Senate regarding interior affairs that

in different prisons of the country females are being abused at night.

Committee was informed that such incidents cannot take place without

active connivance of the prison officials and no any steps were taken

against the offenders. In a meeting held by Pakistan People’s Party

under the supervision of Mr. Rahman Malik it was asked to the

Minister of interior Mr. Baleeg-ur-Rehman to collect information

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regarding the said incidents and to inform the committee. It was

suggested in the meeting that the prisons for the female prisoners must

be made at a distance from male prisons and besides female works

female superintendents may be appointed26

.

Lack of professional skills

According to prison manual usually the accused women are given

work to make fiber and ropes and whenever possible the process of

teaching them stitching etc. in only some big prisons. Multan prison is

at the top where the female prisoners are being taught stitching

whereas the process of teaching skills is slow in the other prisons of

the province27

.

Selling of goods at high rates:

At canteens in prisons the common articles are sold at high rates as

compared to the market. According to prisoned women they are being

overcharged from 2 to 10 rupees over each article. They further told

that due to non-availability of gas in prisons they have to burn coals

which they have to bought from canteen of prison at high rates " 28

Lack of recreational facilities:

In developed countries, different programs are arranged for the

betterment and social restoration of the prisoned women. But in

Pakistan the condition is quite different. According to Prison Manual,

although the prisoners are allowed to play indoor and outdoor games,

resultantly the male prisoners are enjoying this facility in prisons all

over the Punjab but female prisoners do not have this facili " 29

Different

activities are important to keep the prisoners busy which not only help

them towards a normal life after being released from prisons but also

increase their professional skills and improve their education.

Unfortunately, no other facility can been seen in prisons except

television to keep the prisoners busy.

Health problems:

Miserable condition of pregnant prisoners, problems of feeding

prisoners, incomplete medical facilities for ailing prisoners and

unhygienic environment are major problems. All over the Punjab the

prisoned women face different problems due to lack of medical

facilities. Sometimes minor diseases become severe due to non-

treatment in time and it becomes a lengthy process to transfer such

prisoners from prisons to hospital which result in death of certain

prisoners. Lady doctors are lacking in all prisons except Karachi,

Larkana and Hyderabad. Most of the prisoned women in Kot Lakhpat

prison said that “The medicines given in prison are sub-standard which

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do not relief and if the same medicines are provided by their families

they get instant relief 30

Sub-Standard Food:

Prisoned women at Faisalabad complained that the bread given to them

are burnt, gravy is tasteless, tea is so black as if milk is not added in it,

meat is so hard like chewing gum and cannot be swallowed even after

chewing well, if ever their families bring meal the same is returned on

security basis / illegal. From the families of the prisoners it came into

knowledge that the meal sent to prisoners is half of the police men at

duty and they are not sure that rest will reach to their prisoners or not31

Pregnant prisoners:

During imprisonment the women face a lot of problems in particular

pregnant women face a lot of complications. Due to lack of monthly

checkup and ultrasound the prisoned women face a lot of

complications like abortion, birth of dead child, birth of disable babies

etc. but the no any arrangement for ultrasound and other tests for the

pregnant prisoners due to which they have to go to District Prison

which is a difficult process. No any female doctor has been appointed

for prisoned women, if any female doctor is arranged from some NGO

she do not listen the problems of the prisoned women with attention.

Prisoned women told that a few years back a prisoned woman namely

Shaheen Bibi died during labour / delivery. Previous Minister for

Prisons Ch. Abdul Ghafoor confessed in October 2010 in Punjab

Assembly that there is no arrangement for Obstratics Surgery in the

prisons for prisoned women and not even a single gynecologist has

been appointed 32

.

Children of prisoned women and their problems:

In prisons not only the prisoned women are facing different problems

but their children are also affected by the environment. According to

Prison Rules/ Manual a prisoned woman can keep his child with her till

the age of 6 years33

Those women who are sentenced for murdering

their husband, want to keep their children with them instead of putting

them to the mercy of their relatives34

Abdullah Khoso states regarding

the miserable condition of the minors living with their criminal

mothers as: The most common thing observed in prisons is ,these

children face loneliness ,live in isolation ,and they have limited access

to the outside world and do not live as natural setting. There are very

small area for walking and plying for children 35

Women prisoners who live with their children or have children،outside

the jail confront more psychological issues than others. More than 60%

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of women prisoners are mothers of little children. 3% of women’s

children are living in jail with them. Most prisons are overcrowded and

few provide rehabilitative services to prisoners. Majority of female

prisoners are illiterate and unaware of their legal rights. These female

prisoners accused of many crimes actually committed by their ma

partners are forced to live behind bars36

Problems of teenage prisoned women:

Teenaged girls are also kept in prison with the old aged women, the

majority of which are addicted, whereas some old aged women are

involved in serious crimes and they motivate the teenagers towards

crime and succeed in their evil designs. The education of those

teenager prisoners is not made at any level and with the passing of age

they stray from the right path and become psychological patient. The

State of Pakistan ,S Children “The Juvenile Prisoners lack access of

necessities like education and skill the augmenated contract white

handende criminals, segregation from farruly reconstruction by society

and family and family and isolation has a strong effect on the mental

health of children 37

Lack of female police officials in required number:

Due to lack of female officials the male officials intrude in female cells

and result in a lot of problems.

Legal problems:

Lack of legal assistance in prisons, Slow court proceedings, no life

safety assurance during course of production before the court etc are

major problems. Lack of legal assistance, slow court proceedings to

come at a decision cause restlessness and behavioral changes in the

prisoners. Rich / wealthy prisoned women arranged their lawyer but

poor and family less prisoned women due to lack of funds and non-

assistance of court proceedings are forced to live in prisons for years.

Lack of Legal Assistance:

A major problem the prisoners are facing in prisons is lack of legal

assistance. Most of the prisoned women are poor and they are unable

to give heavy fees to the lawyers and due to those heavy fees it is not

possible for them to pursue their cases. Although according to rules of

prisons the prisoned women have facility of lawyers appointed by the

Government but due to lack of, from the Government and

administration of prisons cause problems of them. Besides due to

inability to pay fines a majority of prisoned women are facing

hardships.

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Court proceedings: For court proceedings no separate van is not arranged for the female

prisoner. A major problem for the prisoned women is that no separate

arrangement is made for the female prisoners for transportation and

they are forced to sit with the male prisoners and sometimes female

constables are not with them. According to Prison Rules, “It is

necessary to keep the females from males in every way”. These women

are taken to the courts to pursue their cases along with male prisoners

which is a critical situation. In such cases the relations are built

between female and male prisoners, which cause problem for the

administration. Besides there are such female prisoners who feel

insecurity in the presence of male prisoners, so it is necessary to

arrange a separate prisoner van for the females38

. A news was

published in “Daily Pakistan” on 13th

July which stated that how the

drivers of prison vans are found in making efforts to make friendship

with the prisoned women and offer of marriage to foreigner

prisoners39

.

Psychological problems:

Female prisoners are facing psychological problems like separation

from their children, fear of social behavior, and isolation from families

and hatred from the other prisoners. Female prisoners are facing

hardships of imprisonment. Most of the prisoned women are illiterate

and belongs to poor families and about 80% of the females are

unaware of the fact that under which law they have been sentenced.

Prisoned women need more care and attention as compared to the male

prisoners because majority of them are such who are being isolated

from their families and they are on the mercy of prison administration

and the officials of the prison and hardly succeed in getting facilities

according to prison manual. Most of the prisoned women are involved

in murder, dacoit, kidnapping and smuggling of narcotics. In survey

report of UNDDC (United National office on drug and crime

conditions of female prisoners in Pakistan “It is total measures to

deal with the mental health issues were reported to be provided by the

upper authorities, The psychological problems reported are depression

, stress, mental stress attention ,seeking behavior, sleep disease and

generalized anxiety40

Sarwat Mirza writes about the psychological

problems of the prisoned women that 99% of the prisoned women are

under mental stress. The females of middle and upper class are being

checked from brining into prisons and only poor women are brought in

prisons. Many females are brought in prisons to conceal the crimes

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committed by their father or brother. Prisoned women became victim

of high blood pressure. Sadness, fear and anger prevails them. Unfair

attitude of the prison administration, beatings and cause a lot of

psychological problems41

Beatings in prisons:

are common in prisons and the prisoned women are not safe from it

and they are kept in a fearful environment.

Economic problems: During imprisonment all the prisoners are subjected to some work and

prisoned women are also asked to stich or make decoration pieces after

giving training and are not given wages for their work which is a

critical situation. Providing their wages to the prisoner not only helpful

in pursuing their cases but helpful for such women who have minor

children behind them and no one to take care of them. In such

condition if a prisoned mother is given her wages she can help her

children financially and can pursue her case.

Social problems:

Although the family is an important support for the prisoners during

their imprisonment yet due to their disconnection the hardships of the

prisoners increases but if someone keeps in touch with the prisoners

and come to the prison to see the prisoners he has to face severe

opposition, criticism, social hurdles and at every step he has to face the

taunt and neighbors and relatives make their life miserable and the

prisoned women have to face such attitude severely. Their children

also have to face the attitude which leave bad impression on their

psychology. Prisoned women say that their families have disconnected

with them and their children are not allowed to see them and they are

passing a life of isolation and they think that they have no any place in

society for them after releasing from prisons and they feel is better to

pass their life in prisons " 42

Unfortunately, if a female is sentenced for

imprisonment then they have to face much more difficulties than males

and their own family refuse to own them, even in most of the cases

their husbands kick them out of their life by divorcing them and they

are not allowed to see their own children. Prison create enormous on

intimate relationship, whether, or not children are involved it is not

uncommon for mental relationship to end in divorce during a prisoner

term 43

Prison affects the inter-relations with the close relatives, whether the

children are involved or not, in most of the cases the marital life ends

in form of divorce. Prisoned women are not accepted by the society

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after being released, their families also refuse to own them and such

helpless women after being kicked from every door are again

imprisoned in committing crimes.

A view for steps taken for the prisoned women in Pakistan:

In Pakistan the system of prisons was started by implementation of

Prison Act1894 and Criminal Act 1900 after necessary amendments,

however at certain times Government constituted High Level

committees so that steps may be taken for the betterment and

rehabilitation of the prisoners. So on the recommendations of West

Pakistan Prison Reforms Committee 1968-1970, Pakistan Prisoner

Rules 1978 were constituted for all the provinces ofPakistanwhich are

also known as Prisoner Manual.

• Religious education

• Curricular education

• Professional and skilled education

• Extracurricular activities

• Arrangements for restoration of isolated women and children in

society

• Conditional releasing of the prisoners due to good conduct and

performance

• Teachers have been appointed for them to educate and train

them at government level by the prison department.

All the steps for the betterment of prisoners are being taken at

two levels.

Duties of female wardens are same as that of male wardens. Lady

Warden will work under the instructions and supervision of lady

superintendent44

• Lady Warden will supervise the distribution of meals.

• Lady Warden will not allow any official/ officer of the prison

to enter the female ward without permission of competent

authority.

• Lady Warden will hand over the appointed work to the

prisoned women are sentenced rigorous imprisonment.

• It is the duty of lady warden to get attention of the medical

officer towards the ailing prisoned women who complains of

ailment or looks ailing45

Provincial Minster told that lady doctors, lady health workers and lady

dispensers have been appointed in all prisons for providing medical

facilities to the prisoned women and all the other facilities of hospital

including X-Rays Machine, Ultra Sound Machine, ECG Machine and

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Clinical Laboratory etc. are being provided for their medical

examination. Government has made arrangements for the prisoned

women in their barracks to provide training of stitching, beauty

parlour, fine arts, interior designing, home decoration and cooking etc.

Further it was told by the provincial minister that special arrangements

have been made for the female prisoners who are having suckling

babies. Punjab Government is providing Milk, food, warm clothes,

toys, educational books and other stuff like this in the barracks of

female prisoners

" 46

Government has constituted committees in 36 districts of the

province who will visit the prions to evaluate the miserable condition

of prisoned women. According to sources, the committed is headed by

the advisor of Provincial Ombudsman in every district, other members

include Superintendent Prison, DPO or their representative which must

be at least officer of grade 18, District Public Prosecutor and SP

Investigation. The constituted committees will sent their reports after

visiting the Pakistan Peoples Party (2010 to 2015) after getting into

Government started work about prison reforms which included certain

steps to be taken for the prisoned women and in this context

suggestions were also requested from all the four provinces but no any

proceedings have been made till now47

.

In the female portion of Idyala Prison the conditions have been

changed. Water Coolers for the female prisoners have been implanted

there, every prisoners has a bed, stoves have been implanted in the

kitchen properly, a library has also been established and a kinder

garden for the children of the imprisoned women has also been made

along with a stitching school. The most important thing is that a health

unit has been established in the prison for the females where a lady

doctor is available round the cloc ”48

Steps taken for Health:

Steps have been taken regarding health e.g. Ultrasound, ECG and

facility of laboratory are available. The prison has its own hospital

comprising of 20 beds and the most important thing is that a health unit

has also been established for the prisoned women where a lady doctor

is available round the clock ".49

As per orders of Supreme Court of

Pakistan, the Minister of Parliamentarian Affairs and Human Rights,

Mr. Shahid Qureshi, MPA Zareen Zia and Director Human Rights

Department Khyber Pakhtoon Khwa visited the Central Prison

Peshawar on Friday and examined the conditions of the prisoners in

context with human rights. They advised special care & attention for

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the children who are present with the prisoned women so that they may

be saved from the negative effects of the prison and become good

human beings50

.

Arrangements regarding Education:

15 out of 33 prisoned women are getting proper education from the

school whereas the remaining women are getting Vocational

Training. "51

Arrangement of Professional Training/ education:

Inspector General Prisons Mian Farooq Nazeer during his online

interview said: “Efforts are being made for the betterment of the

prisoners in Punjab from a long time, however to enable the male,

female and children to earn a respectable livelihood in society after

being released from the prison different courses of 6 months have been

started with the help of TEVTA which includes computer education for

the children and stitching for the females52

Basic necessities of life:

which have been provided to the prisoned women, While entering in

prison each female is given 2 cotton shirts, 2 handkerchiefs, 2 trousers,

2 shawls, 1 towel, 2 belts/Azar Band, 4 handkerchiefs for hygiene and

1 woolen sweater besides this while admitting in hospital a separate

uniform will be given with red bands53

. A coat with sheets, 1 blanket, 1

matrass, 1 pillow along with an aluminum cup, plate, mug. Other

things: washing powder for clothes, toilet soap for 15 days and 2

combs 54

.The females who are having kids with them they will be

provided with feeder nipples, talcum powder, bath soap, toys, shoes,

nappies and clothes for the children. Inspector General Prisons Mian

Nazeer said that they taste the male first themselves and then it is

distributed55

.Government of the Punjab has provided Electric water

coolers, Air Coolers, Sui Gas, Coats and facility of indoor games for

the females and minor children56 .

Legal aid for poor and waif:

The class which suffer the most before coming to the prison and after

releasing from the prison includes poor and waif male, female and

children. There are hundreds of such prisoner in the prisons who are

unable to sue their case due to poverty and other problems, therefore,

persons and NGOs try to provide legal assistance to such helpless

females and they are not only provided advocates but their cases are

fully being sued by appointing law knowing workers so that they may

be released and get justice, at Government level the prisoners are being

released after waiving off their fines.

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Non-Government Level (Welfare Organizations)

Two types of organizations and and NGOS are working for these

women.

Women Aid Issue:

This organization arranges religious education for the prisoned women.

It provides religious literature among the prisoned women and highly

qualified female teachers are being appointed. The members of this

organization come to the prison to teach the prisoned women reading

of Quran (Nazra) whereas weekly lecture for translation of Quran is

being delivered and work is carried out with the help of educated

prisoned women.

Hope Foundation:

This organization is helping in educating the children of the prisoned

women57

Idara Rehai:

At non-government level, “Idara Rehai” is providing

professional training to the females in different prisons all over the

country. Under this organization stitching class, coat weaving,

painting, pinning the wire and computer courses are being conducted

and appreciating shields are being awarded on completion of course.

An over view of annual progress shows that about 500 children have

learnt stitching and similarly a lot of prisoned women have become

skilled. 58

Khabib Foundation:

Courses of stitching, electrical and computer courses for the

females and children are under process from Khabib foundation and

such courses are conducted for the females which make them skilled

when they are being released 59

Falah-e-Insaniyat Foundation:

Water Filtration Plants have been implanted in 10 prisons from Falah-

e-Insaniyat Foundation so that clean drinking water may be available

for the prisoners and they may survive from fatal diseases60

.

• Human Rights commission

• AlKhidmat Foundation

• Qurshi Foundation & Falahi Idara Sanjoog

• Society For Protection Of Rights Of Children

Above mentioned all organizations and welfare societies are struggling

for providing basic rights to the prisoned women and their children and

to aware the society for providing proper restoration opportunities to

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the released persons from the prisons so that they may get rid of

miserable life.

View of UNO charter:

for the prescribed steps for prisoned women,Women constitute a

vulnerable group in prisons, due to their gender. Although there are

considerable variations in their situation in different countries, the

reasons for and intensity of their vulnerability and corresponding

needs, a number of factors are common to most. These include:

" The challenges they face in accessing justice on an equal basis with

men in many countries; " Their disproportionate victimization from

sexual or physical abuse prior to imprisonment; " A high level of

mental health-care needs, often as a result of domestic violence and

sexual abuse; " Their high level of drug or alcohol dependency; " The

extreme distress imprisonment causes to women, which may lead to

mental health problems or exacerbate existing mental disabilities; "

Sexual abuse and violence against women in prison; " The high

likelihood of having caring responsibilities for their children, families

and others; " Gender-specific health-care needs that cannot adequately

be met; " Post-release stigmatization, victimization and abandonment

by their families.61

Recommendations and suggetions:

• Ulfat Kazmi says that in the reign of previous President

General Retd. Pervaiz Mushara a proposal for constructing 7

prisons for the females was accepted but the matter was not

proceeded after his demise. 90% problems can be solved if

overcrowding in prisons is controlled and it is necessary to

construct prisons in the districts where prisons are not present

and separate prisons should be constructed for the females.

• Special benches / courts may be constituted for the early

hearing and disposal of the cases of juveniles and female

prisoners. Thousand of prisoners are behind the bars due to

non-payment of fine. If their fine is paid, capacity for more

prisoners can be made by their release and for this purpose a

special fund should be raised.

• Those prisoners who cannot file appeal in the apex courts

against their sentence, they must be provided by such facilities

that they may file appeals.

• Treatment and delivery facilities for the prisoned women may

be improved. It is humanitarian and moral duty of the

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superintendents of prions that they bound the doctors appointed

at prions to completely checkup the food supplied in the prions.

• Due to lengthy proceedings of the cases the prisoners have live

in the prisons for many years. In this context police should

prepare and present the cases in the courts in time so that

justice may be ensured.

• Habitual criminals should be kept separate from the

• Employees of prisons should be educated regarding human

psychology and employees found involved in sexual

harassment and bad character may be given exemplary

punishment. Officials in a prison should be changed after

completion of their tenure.

• Criminals spending their days in imprisonment should be given

lectures on Holy Quran and Islamic education on daily basis so

that they may become good citizen after completing their

punishment. The salaries of low scale employees of prison must

be increased reasonably. It is expected that in accordance with

the glorious principles of Islam the prisoners will be provided

with such facilities which our religion enforces and advises ۔62

• Separate prisons for the females

• Increase in the number of female constables

• Appointment of female constables for protection of prisoned

women

• Best arrangements be made for protection

• Legal assistance be provided

• Government kept on paying fine for the prisoned women with

less severe offences

• A awareness be made in the sympathizers of society for

releasing of prisoned women

• Suckling babies of prisoned women be kept with them and for

this child care center be made in prisons

• Proper care be taken for the pregnant and timely medical

assistance be provided to them.

• Religious Education may be arranged for their reformation

• They must be provided opportunities to get education and be

made skilled.

Conclusion:

In short, prisoned women in prions all over the Pakistan are facing

countless problems. If the rights which Islam has given to the prisoner

be implemented then a lot of problems can be solved. Prisons should

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not be the center of punishment instead the prisoners be made a

respectable citizen by reforming & training. They should be given

religious education so that they becom good human after being

released. Female, which is a wimpy social-class, if commit any crime

and be imprisoned, they should be given a chance to reform and

counseling be made in society and to their families that they should

hate crime nor the criminal. At Government level the security of

person and property of the prisoned women be ensured. A lot of moral

and psychological problems can be controlled in case of separate

prisons for the females.

REFERENCE & NOTES 1 Al-Dahar:81

2Moajjam Kabeer Lil-Tibrani: Hadith No. 977

3 (Mishqat-ul-Masabih, Book of Hadood)

4 Abu-Dawood, Book: Qaza, Chapter: Baab ul Habas Fi-Din etc. Hadith

350/3632

As above. Hadith 349/3630 5

6 Qazi Abu Yousaf, Yaqoob Bin Ibrahim, Book Khiraj, Bairut, Dar-ul-

Marfa, Copy Rights. Page 17 7 Shibli Nomani, Al-Farooq, Al-Meezan book Printers 2011: 2/952

8 Imam Al-Hasfki, Dur-e-Mukhtar:377, Dr. Abdul Aziz Amir, Al-Tazeer ul

Sharia Al-Islam: 1/109 9 Al-Nisa: 15

10 Imam Al-Haski, Dur-e-Mukhtar 2/370, Imam Sarkhasi: Almabsoot: 2/90

Ibn-e-Qayyam: Behr-ur-Raqi /،6/30811

12

Ibn-e-Qayyam: Behr-ur-Raqiq 13

pnjab Prisons(Pakistan ),from http//www.enotes.com /topic/Punjab-prisons 14

pnjab Prisons(Pakistan ),from http//www.enotes.com /topic/Punjab-prisons 15

BBC Urdu.com. 2017 16

Accounts of Punjab Prison Department 2012 17

Syed Afzal Haider, Islah-e-Kadiyan wa Jail Khana Jat (Report &

recommendations) Islamabad: Islamic Ideology Council, Govt. Of Pakistan.

2009. Page 5517

18

Daily Nawa-e-Waqt , 5th July 2017.

19 http://www.prisons.punjab.gov.pk/female_prisoners_in_punjab_jails,

Updated as on July 1st, 2017 20

http://www.prisonstudies.org/country/pakistan,retriwed date,7/7/2017, 21

Sarwat Inayat Mirza, Prisoned Women & their Jails: Page 2 22

This information has been obtained from Head Office of the Punjab Prison

Department. 22

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Epistemology January 2017 Problems Faced by Emprisoned Women ….. (49)

23

Sana Saleem, Assistant Superintendent, District Prison Gujrat, 12th of

December 201123

24

Rehana Yasmin, Deputy Superintendent, Kot Lakhpat Prisoner

An Interview of Rehana Yasmin, Deputy Superintendent, Kot Lakhpat Prison

،25

26

http://www.bbc.com/urdu/pakistan/2016/06/160620_pakistan_prison_wome

nfz 27

Personal Interview of Hina Akram, Assistant Superintendent, Kot Lakhpat

Prison27

28

Daily Pakistan, July 2012 29

Daily Pakistan, published in July 201229

30

Prisoned Women/ Kot Lakhpat Prison30

As above ا31

31

32

Reforming Pakistan ,s Prison System ,A Report by internal Crisis Group,20 33

Prisoned Women and their problems by Asia Batool (page No.20 34

As above 35

Society for Protection of the Rights of Child (SPARC), Hameed Khoso, An

Organization for the rights of the children35

36

Kuwait Chapter of Arabian Journal of Business and Management

Review Vol. 1, No.4; December 2011 37

Asses julana and Samra ,The State of Pakistan,s Children ,A .P .H

publishing corporatin ,p149 38

Prisoned Women and their problems by Asia Batool (page No.9-10) 38

Prisoned Women and their problems by Asia Batool (page No.9-10) 38

39

Daily Pakistan published on 13th of July 2017

39

40 Female Behind Bars,Situation and needs Assessment in female prisons and

barks ,p 20

41

Sarwat Rana Mirza (Psychologist) has been appointed as psychologist in

Central Jail Staff Training Institute, Minister of Interior Pakistan, Lahore. 41

Prisoned women at Kot Lakhpat Prison Lahore. 42

،42

43

Prisoner once removed :The Impact of in creation and reentry on children

,jereny Travies and Michelle Waul (Washington D.C:The Urban Institute

Press, P 2143

44

Prison Manual

Pakistan Prison Rules 1978, (Rule No.83 to 91) 45

145

46

Malik Ahmad Yar Hanjra, Hand Out Newspaper, Lahore, 14-07-201746

Daily Pakistan Published in December 2016. 47

،47

48

Daily Basharat Published on 1st October 2016

48

49 Daily Basharat Published on 1

st October 2016

50 http://www.infokhyberpakhtunkhwa.gov.pk/doi ,retrieved date 13/7/2017،

51 Superintendent Sheikhupura Prison, Ch. Asghar Ali, Urdu Point, 14

th July

201751

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52

Lahore (Urdu Point Fresh News) 3rd

May 201752

53

PRR,237,238 54

PRR,231 55

Inspector General, Farooq Nasir, Lahore. (Urdu Point Fresh News) 3rd

May

2017 56

Malik Ahmad Yar Hanjra, Hand Out Newspaper, Lahore, 14-07-2017

57

As above

An introductory Booklet, “This life will not spoil” 58

59

Khabib Foundation is an independent, Non Profit, Private Organization for

educational and social welfare, which was established in 1999 and works for

the safety of orphans, widows, poor and needy prisoners and their

rehabilitation in society.

60 Falah-e-Insanity is a charity organization and it serves for distressed

humanity. This organization is working for the welfare of castigated

individuals of the society in particular for the prisoned women, children and

men 61

Women and Imprisonment CRIMINAL JUSTICE HANDBOOK SERIES

2nd edition, with reference to the United Nations Rules for the Treatment of

Women Prisoners and Non-custodial Measures for Women Offenders (The

Bangkok Rules) UNITED NATIONS New York, 2014,p15 62

Article by Syed Dildar Hussain Kazmi published in Daily Pakistan on 21-

04-2017


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